yep it's not fair okay alright okay alright ma'am turn around for us turn around put your hands behind your back yep you need to turn around put your hands behind your back yep hey you gotta put your hands behind your back what you need to turn around put your hands behind your back I do what did I do you're under arrest for operating a vessel while intoxicated what I need a lifeguard on we're gonna this is the other guys we're gonna give it back to him okay so i'mma i'mma have you stand up stand up i'mma take off the cuffs this way we can get off the life jacket and we're gonna put this one on can you please stand up for me miss stand right here do not move what am I doing as if anybody else is listen you're impaired OK you're under the influence of alcohol I'm sorry but is is I'm sorry you think everybody else is fucking sober no they're not but that's why we're out here go get them then alright you wanna pick my ass you fell off a jet ski right in front of us we had to come over to you can you just unzip that we'll put this one on for you the zipper's right here alright I need my phone hold on hold on hold on hold on can you help me pull that yeah pull that around and then clip it hold on I'm gonna clip it for you I'm gonna clip it for you just calm down alright okay we're gonna get you back in the hands behind your back alright turn around put your hands behind your back why we gotta we gotta put a cuff on you hands behind your back stop moving stop fighting it so I can lock them this way they're not hurting you I'm not fighting you I love you you're just wiggling a lot alright we just need you to stay still okay why me because you're all right we're going to a boat ramp right now okay so be you'll get cooled off a little bit I know you're hot and we'll sort this out all right I didn't do anything I wasn't even driving the fucking jet ski I'm not here to argue with you right now okay what nothing I said I'm not arguing with you I know that's all where are we going we're going to a boat ramp OK I need what do you need am I am I arrested yes you're under arrest that's you put you in handcuffs you're under arrest yes for what for operating a vessel under the influence of alcohol or other substances OK God damn it I wasn't that wasn't me it's okay I have my body camera on we saw the whole thing okay I have a hair scrunchie on your wrist you know you got a hair tie I got a hair tie right here for you just sit still I got it for you please call my father stop moving stop moving why I'm sorry what'd you say yeah that's what the graph said there's no there's no docks on their side you got that you want to put that mat on there I don't know or I don't know how high she can lift her legs no you have my phone no we never had your phone yes you do no I don't alright come up are you ready guys step on that step on this one hey you wanna stand in the shade I need my phone we don't have your phone okay yes you do no we do not we'll stand in the shade right here come on hello can I call my father what's your name Mckenna Moore Mckenna m C can I call my let me let me get your permission first OK that's OK please yeah just keep walking straight okay all the shade I'm burning I feel so hot right now are you still there yeah that is very hard something why am I the one arrested I didn't even operate the vehicle are you still recording right now yes okay oh God I'm ready to sit in the shade for a minute all these all these people that are entertaining sitting around it is you still recording oh I just want to make sure it's okay I didn't do shit I didn't even drive the fucking I didn't drive the jet ski I was literally in front they arrested me because they thought I was that I I want to rewind I swear to God I swear to God I didn't do shit I'm sorry can I talk to my mother no can you please let me walk myself I don't want you to fall you think I'm gonna fall you can't fall I don't want you to here we're gonna sit down right over here come on can I can I fucking call my mom well after this we'll call your mama mute off I didn't I didn't operate the vehicle I was just in front I need a necklace and earring he's asking if that's your name on the bag you're gonna have to remove your necklace and your earrings and your bracelet what's your name you get it all back it's going in here okay just for safe keeping okay you understand we're gonna put it in here so it's safe it's gonna be OK just breathe it'll be fine deep breaths alright deep breaths I already put my fucking beer I fucking will never be a cop ever ever really it's tight no it's cause you fucking tighten them please loosen them what bitch please loosen them please loosen them I know you did it on purpose loosen them loosen them please alright two fingers in there you turn your wrist why are you turning your wrist for what bitch you're literally turning my wrist for me what what I had it can we put these in front we're not allowed why it's against policy uh no JJ and Ben am I allowed to log into my Snapchat no I can't do that on the stage phone hahaha I don't know the numbers I don't know where your phone is sure it's in your property I need I need somebody to give me like now but whatever your fucking supervisor tell her to fucking lay off the fucking hands cause that's not needed not needed it's rude disrespectful and not necessary fucking cunt ever touch me like that and of course you guys you guys have never touched me like that you both have both treated me with respect if you treat us with respect I'll do my best to do the same do you know what that SBI was this morning uh prop cut yeah I don't think it was that bad though they said it was like on the thigh somewhere alright why didn't why didn't the person that was in charge of the vehicle get arrested I didn't I didn't charge anybody with anything I wasn't on the stop you charged me didn't you me no I didn't charge you he charged me he's in there right in his side of it why did he charge the person that was in charge of the vehicle cause I didn't charge I I didn't drive shit I was literally just in front we weren't there I can't tell you that's why I'm so mad I got you like I said that's what courts for hi it's 7 11 7 11 do one of you guys have Snapchat I need I need to I need to find a number that is but I honestly don't know her that well so I can't tell you she works a different area than me now I gotta pee I didn't do anything wrong today I wasn't there I couldn't tell you I was here dealing with another guy I didn't resist arrest I didn't say you did can you please can you just like loosen this one a little bit that says that I've arrested a lot of people and those are the loosest handcuffs I've ever seen in my life no it's not yes it is don't turn your wrist keep keep this part on this part of your wrist see how much more room you have yeah so try to keep it that way if you keep twisting that's what that's why it's hurting sit back the other one alright Jesus ON APRIL 28TH 2,024 FWC OFFICERS ARRESTED A WOMAN DURING BOCA BASH ON LAKE BOCA RATON AFTER SHE FELL OFF A JET SKI IN THEIR PRESENCE SHE WAS CHARGED WITH BOATING UNDER THE INFLUENCE UNDER FLORIDA STATUTE SECTION 327.35 NEARLY 20 PEOPLE WERE ARRESTED DURING THE SAME EVENT UNDER SECTION 327.35 BUI REQUIRES THAT A PERSON IS OPERATING A VESSEL WHILE IMPAIRED TO THE EXTENT THAT NORMAL FACULTIES ARE AFFECTED OR HAS A BLOOD ALCOHOL LEVEL OF POINT ZERO EIGHT OR HIGHER FIRST OFFENSE CARRIES UP TO SIX MONTHS IN JAIL AND A THOUSAND DOLLAR FINE THE CENTRAL LEGAL ISSUE HERE IS NOT IMPAIRMENT IT IS THE WORD OPERATE UNDER SECTION 327.02 OPERATE MEANS TO BE IN CHARGE OF IN COMMAND OF OR IN ACTUAL PHYSICAL CONTROL OF A VESSEL THE SUBJECT STATED REPEATEDLY ON CAMERA THAT SHE WAS A PASSENGER NOT THE DRIVER SHE NEVER CHANGED HER STORY SHE NEVER CONTRADICTED HERSELF FROM THE MOMENT OF ARREST THROUGH BOOKING SHE MAINTAINED SHE WAS SEATED IN FRONT WHILE SOMEONE ELSE DROVE CONSISTENCY DOES NOT PROVE INNOCENCE BUT IT CREATES A SIGNIFICANT EVIDENTIARY PROBLEM FOR THE PROSECUTION THE OFFICER'S KEY OBSERVATION WAS THAT SHE FELL OFF THE JET SKI IN FRONT OF THEM UNDER TERRY VERSUS OHIO THAT PROVIDES REASONABLE SUSPICION TO DETAIN AND INVESTIGATE BUT FALLING OFF A WATERCRAFT AND OPERATING A WATERCRAFT ARE NOT THE SAME THING PASSENGERS FALL TOO F W C HAS UNIQUE ENFORCEMENT AUTHORITY UNDER SECTION 327.7 OFFICERS MAY STOP BOARD AND INSPECT ANY VESSEL ON FLORIDA WATERS WITHOUT PROBABLE CAUSE OR REASONABLE SUSPICION THE SUPREME COURT UPHELD THIS IN VILLAMONTE MARQUEZ THERE IS NO FOURTH AMENDMENT EQUIVALENT TO A TRAFFIC STOP ON WATER THIS MEANS EVERYTHING OFFICERS OBSERVE AFTER BOARDING OPEN CONTAINERS SLURRED SPEECH THE SMELL OF ALCOHOL IMPAIRED BALANCE IS IN PLAIN VIEW AND FULLY ADMISSIBLE ON FLORIDA WATERS THE LEGAL THRESHOLD FOR INITIAL CONTACT IS ZERO THE SUBJECT WAS NOT READ MIRANDA ON CAMERA UNDER BURKIMER VERSUS MCCARTHY MIRANDA IS REQUIRED ONLY DURING CUSTODIAL INTERROGATION HER STATEMENTS I WAS NOT DRIVING I WAS JUST IN FRONT WERE SPONTANEOUS NOT RESPONSES TO QUESTIONING THEY ARE ADMISSIBLE REGARDLESS OF MIRANDA STATUS THOSE SPONTANEOUS DENIALS ACTUALLY HELP HER DEFENSE A SKILLED ATTORNEY WILL ARGUE SHE CONSISTENTLY ASSERTED HER PASSENGER STATUS FROM THE FIRST MOMENT OF CONTACT THROUGH BOOKING THE PROSECUTION MUST OVERCOME THAT NARRATIVE WITH INDEPENDENT EVIDENCE BODY CAM FROM THE WATER STOP WITNESS TESTIMONY OR PHYSICAL POSITIONING ON THE JET SKI DURING BOOKING OFFICERS WHO WERE NOT PRESENT AT THE WATER STOP PROCESSED THE ARREST ONE ADMITTED ON CAMERA I WAS NOT THERE I COULD NOT TELL YOU ANOTHER SAID THAT IS WHAT COURTS ARE FOR THESE ADMISSIONS SIGNAL THAT THE OPERATOR QUESTION WAS UNRESOLVED EVEN AMONG LAW ENFORCEMENT SHE ALSO FACES A SECOND CHARGE UNLAWFUL OPERATION OF A VESSEL WITH AN OUTSTANDING CIVIL PENALTY UNDER SECTION 327.35215 THIS REGULATORY VIOLATION COMPOUNDS THE BUI EXPOSURE AND SUGGESTS THE JET SKI HAD A PRIOR UNRESOLVED INFRACTION COMBINED BOND WAS SET AT $2,000 FLORIDA'S IMPLIED CONSENT LAW FOR BOATERS SECTION 327.352 DEEMS ANY VESSEL OPERATOR TO HAVE CONSENTED TO CHEMICAL TESTING UPON LAWFUL ARREST REFUSAL CARRIES A 500 DOLLAR CIVIL PENALTY UNLIKE DUI BUI REFUSAL DOES NOT TRIGGER LICENSE SUSPENSION BECAUSE FLORIDA HAS NO BOATING LICENSE TO SUSPEND HOWEVER A BUI CONVICTION DOES CROSS OVER TO LAND UNDER SECTION 327.35 SUBSECTION 6 ANY BUI CONVICTION COUNTS AS A PRIOR FOR FUTURE DUI CHARGES ONE BAD DAY ON THE WATER CAN ENHANCE PENALTIES FOR A TRAFFIC STOP YEARS LATER THE SUBJECT RAISED SELECTIVE ENFORCEMENT ON CAMERA ARGUING THAT EVERYONE AT BOCA BASH WAS DRINKING FWC'S RESPONSE UNDERMINES THAT DEFENSE NEARLY 20 ARRESTS ACROSS THE SAME WEEKEND DEMONSTRATES A PATTERN OF CONSISTENT ENFORCEMENT NOT TARGETED PROSECUTION THE SUBJECT'S VERBAL CONDUCT DURING BOOKING WAS COUNTERPRODUCTIVE SHE DIRECTED GENDER SPECIFIC SLURS AT A FEMALE OFFICER WHILE SIMULTANEOUSLY PRAISING THE MALE OFFICERS FOR RESPECTFUL TREATMENT PROFANITY TOWARD OFFICERS IS NOT CRIMINAL BUT IT DAMAGES CREDIBILITY AT TRIAL AND UNDERMINES AN OTHERWISE COHERENT DEFENSE GRADES THE FWC OFFICERS RECEIVED A B THE BOOKING TEAM WAS PROFESSIONAL PATIENT AND TRANSPARENT UNDER SUSTAINED VERBAL ABUSE THEY OFFERED SHADE IN EXTREME HEAT SECURED PERSONAL PROPERTY WITH EXPLANATION AND CHECKED HANDCUFF FIT THE GRADE DOES NOT REACH HIGHER BECAUSE THE OPERATOR QUESTION REMAINED UNRESOLVED EVEN AMONG THE OFFICERS PROCESSING THE ARREST THE SUBJECT RECEIVES A C PLUS HER CONSISTENT DENIAL OF OPERATING THE VESSEL IS LEGALLY SIGNIFICANT AND FORMS THE BASIS OF A VIABLE DEFENCE SHE DID NOT RESIST ARREST AND COMPLIED WITH ALL PHYSICAL COMMANDS THE GRADE IS REDUCED BY HER VERBAL ABUSE EMOTIONAL VOLATILITY AND THE CREDIBILITY DAMAGE THOSE CREATE FOR ANY FUTURE JURY THREE TAKEAWAYS FIRST BUI IS NOT A LESSER CHARGE IT CARRIES THE SAME CRIMINAL WEIGHT AS DUI JAIL TIME FINES COMMUNITY SERVICE VESSEL IMPOUNDMENT AND A PERMANENT RECORD THAT CROSSES OVER TO ENHANCE FUTURE DUI PENALTIES ON LAND THE WATER DOES NOT DILUTE THE LAW SECOND ON FLORIDA WATERS OFFICERS DO NOT NEED A REASON TO STOP YOU FWC HAS BLANKET AUTHORITY TO BOARD ANY VESSEL AT ANY TIME FOR SAFETY INSPECTION EVERYTHING THEY OBSERVE FROM THAT POINT FORWARD IS ADMISSIBLE THE ONLY PROTECTION AVAILABLE IS SOBRIETY THIRD THE WORD OPERATOR DECIDES EVERYTHING IN A BUI CASE IF YOU ARE A PASSENGER AND THE DRIVER IS IMPAIRED YOU ARE NOT CRIMINALLY LIABLE BUT WHEN TWO PEOPLE FALL OFF A JET SKI IDENTIFYING WHO WAS DRIVING IS NOT STRAIGHTFORWARD IF YOU WERE NOT DRIVING SAY SO CLEARLY CONSISTENTLY AND EARLY THAT IS EXACTLY WHAT THIS SUBJECT DID LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC YOU WOULD LIKE US TO DISCUSS IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO CHECK OUT OUR SECOND CHANNEL STREET BODY CAM FOR EVEN MORE POLICE INTERACTION AND COURTROOM CONTENT